Posts Tagged: Federal Circuit Review


‘Graphical User Interface’ does not necessarily invoke means-plus function analysis

In Zeroclick, LLC v. Apple Inc., before Judge Jimmie Reyna, Judge Richard Taranto, and Judge Todd Hughes, Zeroclick appealed a district court's interpretation of the claims as …

CAFC Vacates Board for Moving Target Rejections, Failure to Consider Reply Brief

The moving target rejections were largely due to the fact that the examiner's first clear explanation that she was relying on structural identity, and not inherency, appeared …

Federal Circuit: PTAB Improperly Relied on Unsupported Expert Opinion

Ericsson petitioned for inter partes review of the ’408 patent, and the PTAB upheld its validity. Without separately analyzing the challenged dependent claims, the PTAB held that claim 1 …

Federal Circuit confirms validity of patent for UCB’s Vimpat®

Appellants were generic drug manufacturers who filed Abbreviated New Drug Applications ("ANDAs"), seeking approval for generic versions of Vimpat®. As a result, the Federal Circuit affirmed the …

Mayo/Alice ‘Directed to’ Inquiry and a Split Federal Circuit: Vanda Pharma v. West-Ward Pharma

In Vanda, Chief Judge Prost, one of the judges on the CellzDirect panel, dissented from the majority’s decision that found claims patent eligible for not being …

Patents Invalidated for Lack of Written Description

Disclosure of one way to attach or position a roof assembly (a species) did not provide an adequate written description of other ways to attach or position …

No blanket prohibition against the introduction of new evidence during an inter partes review

There is no blanket prohibition against the introduction of new evidence during an inter partes review proceeding, indeed new evidence should be expected. A petitioner can introduce …

Foreign Defendant Subject to Personal Jurisdiction for Purposely Directing Activities to the U.S.

The Federal Circuit held that it would be reasonable and fair to exercise specific personal jurisdiction over DAL because the United States has an important interest in …

Federal Circuit expands printed matter doctrine to include information and mental steps

In Praxair Distribution v. Mallinckrodt Hospital Products, Praxair petitioned for inter partes review of claims 1-19 of the ’112 patent, which the Board instituted. The Board held that …

In a Multi-District State, venue proper where defendant maintains a principal place of business

In patent infringement suits brought against a corporate defendant in a state with multiple judicial districts, venue is only proper in the single district where the defendant …

CAFC says plaintiff bears the burden of proving venue is proper in a patent infringement suit

After the case was filed in the Eastern District of Texas, ZTE filed a motion to transfer the case to the Northern District of Texas under 28 U.…

Federal Circuit Affirms Dismissal of Patent Challenges Filed by Drug Consumer

AIDS Healthcare Found., Inc. v. Gilead Scis., Inc., the Federal Circuit affirmed the dismissal of patent challenges filed by drug consumers. The Court noted that a declaratory …

Petitioner Has Standing to Appeal PTAB Decision Where Litigation is Inevitable

Altaire filed two complaints against Paragon: (1) alleging a breach of the non-disclosure clause of the Agreement, and (2) seeking declaratory judgment that the ‘623 patent was invalid. Paragon, in …

Patent Venue Statute Does Not Apply to Foreign Corporations Sued for Infringement

The Federal Circuit denied HTC Corp.’s petition for a writ of mandamus seeking dismissal for improper venue... The patent venue statute does not apply to foreign …

Written Description Support for Claimed Range Requires More than Broad Disclosure

Appellant General Hospital Corp. (“GHC”) appealed the Board’s dismissal of an interference because the claims of its involved patent application lacked sufficient written description. The disclosure …